WINTER PARK CONSTRUCTION (WPC) HORROR STORIES CONTEST OFFICIAL CONTEST RULES NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. THE CONTEST IS VOID OUTSIDE OF THE UNITED STATES.
1. ENTRY: This Contest will be conducted exclusively on the Internet and provides contestants (each an "Entrant") with the opportunity to submit a video file submission ("Entry Video") which will be judged and eligible for the Prize described below subject to the terms and conditions herein. To participate, log on to www.WPC.com/Vent ("Website") during the period commencing at 12:00 a.m. Eastern Time ("ET") on October 24, 2011 and ending at 4:59:59 p.m. ET on November 23, 2011 ("Entry Term"). Any attempted form of entry other than as described herein is void. Entry into the Contest may only be made during the Entry Term.
To enter, Entrant must first carefully read, review, and complete all of the required fields of the Official Contest Entry Form ("Entry Form") including Entrant's first name, last name, phone number, and e-mail address. Incomplete Entry Forms, including but not limited to those entries that do not meet the requirements herein, will not be eligible for judging. All Entry Videos must be submitted as .WMV, .AVI, .MOV, or .MPG files at a resolution of 320x240 and not to exceed 15MB in size. Entrants should retain the Entry Video in case it is selected as one of the winning entries. Individuals may submit an unlimited amount of video entries and must complete a separate Entry Form for each Entry Video. We reserve the right to make adjustments to the winning video in order to create files that are production-ready.
By entering the Contest, Entrant acknowledges, agrees, and understands that the Entry Video, and all other entry materials will become the property of Winter Park Construction. By participating in the Contest, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the determination of the online public voting process which shall be final and binding in all respects.
Each Entrant represents and warrants that each Entry Video is: (a) wholly original; (b) does not incorporate or include any material that would require the consent of any third party; and (c) does not violate any copyright, trademark, publicity right, privacy right, or any other right of any third party. By creating and submitting an Entry Video in the Contest, each Entrant hereby irrevocably grants, transfers, sells, assigns and conveys to Winter Park Construction, and each of its respective successors and assigns, all present and future right, title and interest of every kind and nature whatsoever, including, without limitation, all copyrights, and all rights incidental, subsidiary, ancillary or allied thereto (including, without limitation, all derivative rights), in and to the Entry Video for exploitation throughout the world, in perpetuity, by means of any and all media and devices whether now known or hereafter devised (including the right to publish and display the Entry Video for purposes of advertising, publicity and/or trade, in whole or in part). Entrant warrants that all persons depicted in the Entry Video have authorized the use of their likeness in this contest and any use or marketing with such materials. Entrants consent to the use of the Entry Video and their likeness therein in any subsequent marketing and promotional materials and use by Winter Park Construction without compensation. Winter Park Construction shall have the right, in its sole discretion, to edit, composite, scan, duplicate, or alter the Entry Video for any purpose which it deems necessary or desirable, without the need for any further compensation, and/or permission. Entrant irrevocably waives any and all moral rights in any submitted Entry Video.
Once submitted, Entry Videos become the exclusive property of Winter Park Construction and will not be acknowledged or returned. Entry Videos which Winter Park Construction determines are not reasonably pertinent to the subject matter of the Contest, or are otherwise in violation of these Official Rules will be disqualified. Winter Park Construction reserves the right to disqualify any Entry Video for any reason, in its sole and absolute discretion.
Winter Park Construction shall have no obligation (express or implied) to use any Entry Video or to otherwise exploit any Entry Video or, if commenced, to continue the distribution or exploitation thereof, and Winter Park Construction may at any time abandon the use of any Entry Video for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof. The use of any Entry Video by Winter Park Construction on other promotional materials will be determined by Winter Park Construction in its sole discretion.
2. LIMITATIONS: All Submissions must be received by 4:59:59 p.m. ET on November 23, 2011. Entry Videos submitted by any method other than set forth above in Section 1 are void. Any use of automated or programmed methods of effecting entry is prohibited. Contest entry is open only to Entrants who are legal permanent residents of the fifty United States and the District of Columbia who are over 21 years of age at the time of entry, are not employees of Winter Park Construction, their respective subsidiaries, affiliates or partnerships, or the advertising, promotional or fulfillment agencies, or any of their respective officers or directors, or any persons or entities directly associated with the Contest, or any members of the households or immediate families of such persons. Winter Park Construction is not responsible for any Entry Videos that are altered, defective, delayed, deleted, destroyed, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, invalid, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized or unintelligible; or for lost, interrupted or unavailable network, server or other connections; miscommunications; failed phone, computer hardware or software or telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable e-mails resulting from any form of active or passive e-mail filtering; insufficient space in Entrant's e-mail account to receive e-mail; or other errors of any kind, whether due to electronic, mechanical or human error or other causes, even if caused by the negligence of the Winter Park Construction. This Contest is subject to all applicable federal, state, local and municipal laws and regulations.
3. SELECTION OF WINNERS: All Entry Videos will be screened and those that comply with these rules will be judged by online public vote at www.WPC.com/Vent. Voting will begin on or around December 5, 2011 and end on December 16, 2011. Determination of compliance with these rules shall be in the sole and unlimited discretion of Winter Park Construction. Voters may cast one vote per video per day. In the event of any ties, malfunctions in the voting system, or other unanticipated conditions that render such voting incomplete or inconclusive, Winter Park Construction may select the winner in its sole discretion. At the end of the online voting period, the five (5) Entry Videos with the most votes will then be rated by a panel of judges determined by Winter Park Construction. The panel will judge the Entry Videos based on the following criteria:
Fit to Contest Theme "Horror Stories"
Public Appeal (based on votes)
4. PRIZE: One Prize Winner, selected by the Winter Park Construction panel of judges, will win an all-expense paid trip to one of three predetermined destinations. Trip includes coach class airfare to and from a regional or international airport nearest the Winner's home, resort hotel accommodations, and meals or per diem. This Prize is not assignable or transferable. All taxes and reporting consequences thereof associated with the receipt of the Prize are solely the responsibility of the Winner who will receive an IRS Form 1099 reflecting the final actual value of the Prize. Winner may be required to supply a Social Security or taxpayer ID number prior to the award of the Prize. To the extent the Prize is to be delivered to the Winner, the Prize will only be delivered to an address in the United States. In no event shall Winter Park Construction be responsible for the delivery of more than one prize.
5. PRIZE WINNER NOTIFICATION: The Winner is subject to verification, including without limitation, verification of eligibility, compliance with these Official Rules and execution of the Agreement (described below). All Entrants agree to be bound by these Official Rules and the decision of the Judges, whose decisions are final and binding. The Winner will be notified by telephone, email, or express mail to the phone number, or email address provided on the Entry Form on or around December 19, 2011. The Winner must comply with all terms and conditions set forth in these Official Rules, and winning is contingent upon fulfilling all such requirements.
6. CONDITIONS: By participating, Entrants agree to release and hold harmless Winter Park Construction from any and all liability, for loss, harm, damage, claim, injury, cost or expense whatsoever which may occur as a result of participating in the Contest. The Winner's acceptance of the Prize constitutes the grant of an unconditional right to use the winning Entry Video, the Winner's likeness, photographs, biographical and Prize information and/or statements about the promotion for any publicity, advertising and promotional purposes without additional compensation, except where prohibited by law.
In its sole discretion, Winter Park Construction has the right to cancel, terminate or suspend the Contest; and in such event, to select from among all eligible Entry Videos received up to such time of cancellation, termination or suspension, or to cancel the Contest and not award a Prize. In the event that any Entrant attempts to defraud or in any manner tamper with this Contest, Entrant will be ineligible for the Prize. In the event that any dispute arises regarding the meaning, interpretation, enforcement or application of these Official Rules or otherwise involving the Contest in any manner, it is agreed that the dispute shall be resolved by applying the laws of the State of Florida within the state courts located in Orange County, Florida. By making a submission, Entrant consents to exclusive jurisdiction and venue in Orange County, Florida.
WAIVER OF JURY TRIAL: ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO JURY TRIAL IN ANY PROCEEDING INVOLVING THESE OFFICIAL RULES OR THE CONTEST.
CAUTION: WINTER PARK CONSTRUCTION RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISQUALIFY ANY ENTRANT WHO IS FOUND BY THE WINTER PARK CONSTRUCTION, IN ITS SOLE AND UNLIMITED DISCRETION, TO BE TAMPERING WITH THE ENTRY PROCESS OR THE OPERATION OF THE CONTEST OR THE WEBSITE, TO BE ACTING IN VIOLATION OF THESE OFFICIAL RULES, OR TO BE ACTING IN AN UNSPORTSMAN-LIKE OR DISRUPTIVE MANNER, OR WITH THE INTENT TO DISRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST, OR TO ANNOY, ABUSE, THREATEN OR HARASS ANY OTHER PERSON, AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
7. USE OF DATA: All Entry Videos will be treated as non-confidential. All personal information submitted as part of the Contest will be used only to update Entrants regarding Contest or send additional Winter Park Construction communications. Entrants agree to collection and usage of their personal information. Winter Park Construction or its affiliates will never share Entrants' personal information with a third party.
8. ASSIGNMENT AGREEMENT ("AGREEMENT"): As a condition to receiving the Prize, the Winner will be required to execute an Agreement or alternate winner may be chosen. The Agreement will set forth the responsibilities and obligations of the Winner and require the Winner to assign all right, title, and interest in and to the winning Entry Video to Winter Park Construction. The Agreement also may require, among other things, that winner permits the use of his/her name, likenesses or identifying information for promotional, publicity or advertising purposes in any media including print, TV, radio and online media, without time or geographic limitations. Notwithstanding any of the above, Winter Park Construction's sole obligation under the Agreement is to award the Prize to the Winner. Winter Park Construction will have no obligation to use the Winner's Video or name or likeness in any manner whatsoever. In the event that a Winner fails to execute the Agreement by a date specified by Winter Park Construction, the Winner will forfeit the entire Prize and an alternate winner may be selected from among the other Entry Videos.
9. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and Winter Park Construction is not a confidential, fiduciary, or other special relationship. Each Entrant understands and acknowledges that Winter Park Construction has wide access to ideas, stories, videos, and other literary materials, and that new ideas are constantly being submitted to it or being developed by its own employees. Each Entrant also acknowledges that many videos, ideas, or stories may be competitive with, similar or identical to the Entry Video. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Winter Park Construction's use of any such similar or identical material that has or may come to Winter Park Construction from other sources. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Winter Park Construction's actual or alleged use of any Entry Video or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any Entry Video and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
10. DATES & DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Because of the unique nature and scope of the Contest, Winter Park Construction reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Winter Park Construction cannot accurately predict the number of Entrants who will participate in the Contest. Further, Winter Park Construction reserves the right to not choose a winner or award any Prize if it does not receive a sufficient number of eligible and qualified Entry Videos.
11. WINNER'S NAME: To obtain copy of any legally-required Winner list, send a self-addressed stamped envelope postmarked by January 13, 2012 to: Winter Park Construction, 221 Circle Drive, Maitland, FL 32751.
12. SPONSOR: The Sponsor of this Contest is Winter Park Construction, 221 Circle Drive, Maitland, FL 32751.